1. Introduction
These Terms & Conditions ("Terms") govern your access to and use of the Afrusun Inc. website (“www.afrusun.com”). Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.
2. Intellectual Property Rights
All content, including but not limited to, text, graphics, logos, images, and software, on the Website is the property of Afrusun Inc. or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, modify, reproduce, distribute, or create derivative works of any content for any commercial purpose without the prior written consent of Afrusun Inc.
3. User Conduct
As a user of the Website, you agree not to:
- a. Use the Website for any illegal or unauthorized purpose;
- b. Transmit any viruses or other harmful code;
- c. Attempt to gain unauthorized access to any part of the Website;
- d. Harass, intimidate, or threaten any other users of the Website;
- e. Post or transmit any content that is offensive, defamatory, or infringes on the rights of others;
- f. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
- g. Use any automated means to access, collect, or store information from the Website.
4. Third-Party Links
The Website may contain links to third-party websites or resources. Afrusun Inc. has no control over these third-party websites and is not responsible for their content, policies, or practices. By using the Website, you acknowledge and agree that Afrusun Inc. is not liable for any loss or damage resulting from your use of any third-party websites or resources.
5. Disclaimer of Warranties
The Website is provided on an "as is" and "as available" basis. Afrusun Inc. makes no warranties, express or implied, as to the accuracy, completeness, or reliability of the content on the Website or the Website's functionality. Your use of the Website is at your own risk.
6. Limitation of Liability
In no event shall Afrusun Inc., its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or data, arising from your use of the Website, even if advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless Afrusun Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising from your use of the Website or your violation of these Terms.
8. Termination
Afrusun Inc. reserves the right to terminate your access to and use of the Website at any time, with or without cause or notice, for any reason or no reason, at its sole discretion.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Afrusun Inc. is incorporated, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of the Website shall be resolved in the courts located within that jurisdiction.
10. Changes to Terms
Afrusun Inc. reserves the right to update or modify these Terms at any time, without prior notice. Your continued use of the Website constitutes your acceptance of any such changes or modifications. It is your responsibility to periodically review these Terms for any updates or modifications.
11. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12. Waiver
No waiver of any provision of these Terms by Afrusun Inc. shall be deemed a further or continuing waiver of such provision or any other provision, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Privacy Policy
Your use of the Website is subject to Afrusun Inc.'s Privacy Policy, which outlines our practices regarding the collection, use, and disclosure of your personal information. By using the Website, you agree to be bound by the Privacy Policy.
14. User Submissions
The Website may allow you to submit comments, feedback, or other content. By submitting content, you grant Afrusun Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the content you submit and that the content does not violate these Terms or any applicable laws.
15. Force Majeure
Afrusun Inc. shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, acts of war, terrorism, labor disputes, or governmental actions.
16. Entire Agreement
These Terms and any other policies or guidelines referenced herein constitute the entire agreement between you and Afrusun Inc. with respect to your use of the Website and supersede any prior agreements or understandings between you and Afrusun Inc. regarding your use of the Website.
17. Contact Information
If you have any questions, concerns, or comments regarding these Terms, please contact Afrusun Inc. at Legal@afrusun.com.
18. Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Afrusun Inc. Afrusun Inc. may assign or transfer its rights and obligations under these Terms without restriction.
19. Age Restrictions
By using the Website, you represent and warrant that you are at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater. The Website is not intended for or directed to individuals under the age of 18.
20. Electronic Communications
By using the Website, you consent to receive electronic communications from Afrusun Inc. These communications may include notices about your account, information concerning or related to the Website, and promotional offers. You agree that any notices, agreements, disclosures, or other communications that Afrusun Inc. sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
21. Non-English Versions
These Terms are written and provided in English. To the extent that any translation of these Terms is provided on the Website, such translation is for your convenience only, and in the event of any conflict between the English and translated versions, the English version shall prevail.
22. Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
23. No Partnership or Agency
Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and Afrusun Inc. You do not have the authority to bind Afrusun Inc. or enter into any agreements on its behalf.
24. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances when using the Website.
25. Feedback and Suggestions
Afrusun Inc. welcomes your feedback and suggestions for improvements to the Website. By submitting any feedback or suggestions, you grant Afrusun Inc. the right to use such feedback or suggestions without restriction or compensation to you.
26. Reporting Violations
If you become aware of any violations of these Terms or any applicable laws or regulations by any user of the Website, you agree to promptly notify Afrusun Inc. at Legal@afrusun.com. Afrusun Inc. reserves the right, but has no obligation, to investigate and take appropriate action in response to any such reports.
27. DMCA Notices
If you believe that your copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Afrusun Inc.'s designated Copyright Agent with the following information:
- a. A description of the copyrighted work that you claim has been infringed;
- b. A description of where the material you claim is infringing is located on the Website;
- c. Your address, telephone number, and email address;
- d. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Afrusun Inc.'s designated Copyright Agent for notice of claims of copyright infringement can be reached at Legal@afrusun.com.
28. Survival
The provisions of these Terms that, by their nature, should survive termination or expiration of these Terms shall so survive, including but not limited to, intellectual property rights, limitation of liability, indemnification, and governing law.
29. Resolution of Disputes
Any disputes arising from or relating to these Terms, your use of the Website, or the relationship between you and Afrusun Inc. shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration under the rules of the applicable arbitration organization in the jurisdiction in which Afrusun Inc. is incorporated. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
30. Notices
Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally or sent by email to the address provided by you during registration or to the email address provided by Afrusun Inc. in these Terms.
31. No Third-Party Beneficiaries
These Terms are for the benefit of you and Afrusun Inc. and are not intended to benefit any third party or be enforceable by any third party. The exercise of Afrusun Inc.'s rights under these Terms is not subject to the consent of any third party.
32. Interpretation
In the event of any ambiguity or conflict between the provisions of these Terms, the provision that best accomplishes the intent and purposes of the parties shall govern and control.
33. Equitable Relief
You acknowledge and agree that any breach or threatened breach of these Terms may cause irreparable harm to Afrusun Inc., and that, in addition to any other remedies that may be available under these Terms or at law, Afrusun Inc. shall be entitled to seek equitable relief, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions, without the requirement of posting a bond or other security.
34. Cumulative Remedies
All rights and remedies provided under these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available under these Terms, at law, or in equity.
35. Accessibility
Afrusun Inc. is committed to making the Website accessible to users with disabilities. If you have any difficulty accessing or using the Website, please contact Afrusun Inc. at Legal@afrusun.com, and we will work with you to provide the information or functionality you need.
36. Promotions and Contests
From time to time, Afrusun Inc. may offer promotions or contests on the Website. Such promotions and contests may be subject to additional terms and conditions, which will be posted on the Website and will apply to your participation in those promotions and contests.
37. User-Generated Content
Afrusun Inc. does not pre-screen, monitor, or endorse any user-generated content posted on the Website and is not responsible for the accuracy, completeness, or quality of such content. You agree that your use of any user-generated content is at your own risk.
38. International Users
The Website is controlled, operated, and administered by Afrusun Inc. from its offices within the jurisdiction in which it is incorporated. Afrusun Inc. makes no representation that the Website or its content is appropriate or available for use in locations outside of that jurisdiction. If you access the Website from a location outside of that jurisdiction, you are responsible for compliance with all local laws and regulations.
39. Questions and Comments
If you have any questions, comments, or concerns about these Terms, please contact Afrusun Inc. at Legal@afrusun.com. We value your feedback and will make every effort to address your concerns.
40. Reservation of Rights
Afrusun Inc. reserves all rights not expressly granted in these Terms. Nothing in these Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise.
41. Confidentiality
You acknowledge that the Website and its content may contain information that is proprietary or confidential to Afrusun Inc. You agree to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of Afrusun Inc.
42. No Professional Advice
The information and content provided on the Website are for informational purposes only and should not be construed as professional advice. You should consult with a qualified professional before making any decisions or taking any actions based on the information or content provided on the Website.
43. Monitoring and Enforcement
Afrusun Inc. reserves the right, but is not obligated, to monitor the use of the Website and to investigate and take appropriate action against any user who violates these Terms, including but not limited to terminating access to the Website and reporting any suspected illegal activity to law enforcement authorities.
44. Commercial Use
Unless otherwise expressly authorized by Afrusun Inc., you agree not to use the Website for any commercial purposes, including but not limited to selling products or services, advertising, or soliciting funds or donations.
45. Disclaimer of Endorsement
Any opinions, advice, statements, or other information expressed or made available by third parties on the Website are those of the respective authors or distributors and not of Afrusun Inc. Afrusun Inc. does not endorse or guarantee the accuracy, completeness, or reliability of any such information.
46. No Solicitation
You agree not to use the Website to solicit other users for any purpose, including but not limited to promoting, advertising, or offering to sell any products or services, or soliciting funds or donations.
47. Applicable Law
These Terms and any disputes arising out of or relating to them shall be governed by the laws of the jurisdiction in which Afrusun Inc. is incorporated, without regard to its conflict of law provisions.
48. Miscellaneous
These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and Afrusun Inc. concerning your use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Afrusun Inc. with respect to the Website.
49. Statute of Limitations
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
50. Non-Disparagement
You agree not to make any false, misleading, or disparaging statements about Afrusun Inc., its products or services, or its employees, officers, or directors, whether orally, in writing, or through any form of media or social networking.
51. Links to Third-Party Websites
The Website may contain links to third-party websites. These links are provided solely for your convenience and do not constitute an endorsement or recommendation by Afrusun Inc. of any third-party websites or their content. Afrusun Inc. is not responsible for the content or privacy practices of any linked third-party websites and does not make any representations or warranties regarding their quality, security, or accuracy.
52. Mobile Services
If you access the Website using a mobile device, you are responsible for all fees and charges associated with your mobile service provider, including but not limited to data usage fees and messaging fees. Afrusun Inc. does not guarantee that the Website will be compatible with your mobile device.
53. No Class Actions
You agree that you may only bring claims against Afrusun Inc. in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding.
54. Integration
These Terms, together with any other agreements or policies referenced herein, represent the entire understanding between you and Afrusun Inc. with respect to your use of the Website and supersede all prior or contemporaneous agreements, negotiations, or understandings, whether written or oral.
55. Termination
Afrusun Inc. may terminate your access to the Website and your account, without notice, for any reason or no reason, in its sole discretion.
56. Limitation on Time to Bring Claims
To the maximum extent permitted by applicable law, you agree that any claim you may have arising out of or relating to your relationship with Afrusun Inc. or your use of the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred.
57. Construction
If any part of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable.
58. Captions
The captions in these Terms are for convenience only and are not part of the Terms, nor shall they be used to interpret or construe any provision of the Terms.
59. Acknowledgment
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other agreements or policies referenced herein.
60. Indemnification
You agree to indemnify, defend, and hold harmless Afrusun Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your infringement or misappropriation of any intellectual property or other rights of Afrusun Inc. or any third party.
61. No Joint Venture
Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Afrusun Inc., and neither party has the authority to bind the other or enter into any agreements on the other's behalf.
62. Subcontracting
Afrusun Inc. may, in its sole discretion, subcontract any of its obligations under these Terms to third parties without your consent, provided that such subcontractors are subject to the same terms and conditions applicable to Afrusun Inc. under these Terms.
63. Right to Modify
Afrusun Inc. reserves the right, at any time and without prior notice, to modify, suspend, or discontinue the Website, or any part thereof, or to modify or discontinue any products, services, or promotions offered through the Website.
64. No Implied Endorsements
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Afrusun Inc. of that third party or of any product or service provided by a third party.
65. User Cooperation
You agree to cooperate with Afrusun Inc. in its investigation and resolution of any issues, complaints, or disputes arising from your use of the Website, and to provide Afrusun Inc. with any information or materials reasonably requested by Afrusun Inc. in connection with such investigation or resolution.
66. Counterparts
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
67. Compliance with Applicable Laws
You agree to comply with all applicable laws, rules, and regulations when accessing and using the Website, including but not limited to complying with all applicable export and import laws and regulations, and obtaining all necessary licenses and permits.
68. No Reliance
You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of Afrusun Inc. which is not set out in these Terms, and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
69. Force Majeure
Afrusun Inc. shall not be liable for any failure or delay in the performance of its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, pandemics, government actions, or interruptions in telecommunications, power, or Internet services.
70. No Waiver
No failure or delay by Afrusun Inc. in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of that right, power, or remedy, or the exercise of any other right, power, or remedy.
71. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without the prior written consent of Afrusun Inc. Afrusun Inc. may assign, transfer, or sublicense any or all of its rights or obligations under these Terms without restriction and without notice to you.
72. Electronic Communications
When you use the Website or send emails to Afrusun Inc., you are communicating with Afrusun Inc. electronically. You consent to receive communications from Afrusun Inc. electronically. Afrusun Inc. will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Afrusun Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
73. Language
These Terms have been prepared in English and may be translated into other languages for your convenience. In the event of any inconsistency or conflict between the English version and any translated version of these Terms, the English version shall prevail.
74. Headings
The headings and subheadings in these Terms are for reference purposes only and shall not affect the interpretation or construction of these Terms.
75. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable.
76. Injunctive Relief
You acknowledge that a breach or threatened breach of these Terms may cause Afrusun Inc. irreparable harm for which monetary damages would be an inadequate remedy, and you agree that, in the event of such a breach or threatened breach, Afrusun Inc. shall be entitled to seek injunctive or other equitable relief to protect its rights under these Terms, in addition to any other remedies available to it at law or in equity.
77. No Partnership
Nothing in these Terms shall be construed as creating a partnership, joint venture, franchise, or agency relationship between you and Afrusun Inc., nor shall either party have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
78. Entire Agreement
These Terms, together with any other documents incorporated by reference, constitute the entire agreement between you and Afrusun Inc. with respect to your use of the Website and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the subject matter of these Terms.
79. Amendments
Afrusun Inc. reserves the right, in its sole discretion, to modify or update these Terms at any time without prior notice to you. Any changes to the Terms will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any changes to the Terms constitutes your acceptance of those changes.
80. Survival
Any provisions of these Terms that, by their nature, should survive termination of your use of the Website or any termination of these Terms, shall survive such termination, including but not limited to provisions relating to intellectual property rights, indemnification, limitations of liability, and dispute resolution.
81. Third-Party Beneficiaries
Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms. Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character whatsoever.
82. Contact Information
If you have any questions about these Terms or the Website, please contact Afrusun Inc. at Legal@afrusun.com.
83. Notices
All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email to the address specified in your account, or sent by certified or registered mail, return receipt requested, postage prepaid, to the address specified in your account or to such other address as a party may designate by notice given pursuant hereto.
84. Interpretation
In the event of any ambiguity or question of intent or interpretation arising under these Terms, the issue shall be resolved by construing these Terms as a whole and in accordance with their fair meaning, and not strictly for or against either party.
85. No Publicity
You agree not to issue any press release or public announcement regarding your relationship with Afrusun Inc. or your use of the Website without Afrusun Inc.'s prior written consent.
86. Relationship of the Parties
Nothing contained in these Terms shall be deemed or construed to create an employer-employee, principal-agent, partnership, or joint venture relationship between you and Afrusun Inc. Neither party shall have any authority to bind or commit the other, and each party shall be solely responsible for its own expenses, liabilities, and obligations.
87. Geographic Restrictions
Afrusun Inc. is based in and operates the Website from its location in the jurisdiction where it is incorporated. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside that jurisdiction, you do so on your own initiative and are responsible for compliance with local laws.
88. User Representations
You represent and warrant that you are at least the legal age of majority in your jurisdiction and that you have the legal capacity to enter into and be bound by these Terms. You also represent and warrant that all information provided by you to Afrusun Inc. is accurate, complete, and up-to-date.
89. No Third-Party Rights
Nothing in these Terms shall be deemed to create any rights in or confer any benefits upon any third parties, except as expressly provided in these Terms.
90. Cumulative Remedies
The rights and remedies provided to Afrusun Inc. under these Terms are cumulative and in addition to any other rights and remedies available to Afrusun Inc. at law or in equity.
91. Equitable Relief
You acknowledge that any breach of your obligations under these Terms may cause irreparable harm to Afrusun Inc., the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Afrusun Inc. may be legally entitled, Afrusun Inc. shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your agents, employees, or representatives.
92. No Setoff
You shall have no right of setoff or to withhold payment of any amounts due and payable to Afrusun Inc. under these Terms.
92. Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AFRUSUN INC. EACH WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
93. Electronic Signature
You consent to the use of electronic signatures in connection with your use of the Website and agree that your electronic signature is the legal equivalent of your manual signature.
94. Remedies for Breach
In the event that you breach any of the provisions of these Terms, Afrusun Inc. shall be entitled, in addition to any other remedies available to it, to seek specific performance, injunctive relief, or other equitable relief to enforce or prevent any violations of these Terms.
95. No Presumption Against Drafter
In the event of any ambiguity or question of intent arising with respect to these Terms, the issue shall be resolved without any presumption against the party responsible for drafting these Terms.